Brazil Supreme Court strikes down military intervention thesis in symbolic vote for democracy

SAO PAULO (AP) — Brazil’s Supreme Court unanimously voted Monday that the armed forces have no constitutional power to intervene in disputes between government branches, a largely symbolic decision aimed at bolstering democracy after years of increasing threat of military intervention.

The court’s decision came in response to an argument that right-wing former President Jair Bolsonaro and his allies deployed in recent years. They have claimed that Article 142 of Brazil’s Constitution affords the military so-called “moderating power” between the executive, legislative and judicial branches.

Bolsonaro presented this interpretation in an April 2020 meeting with his ministers, telling them that any of the three powers can request the armed forces take action to restore order in Brazil. In the years since, posters invoking Article 142 became a fixture at rallies calling for military takeover – and culminated in an uprising by Bolsonaro supporters seeking to summon the military to oust his successor from power.

All of the 11 justices — including both justices appointed by Bolsonaro — rejected that thesis.

https://apnews.com/article/brazil-supreme-court-armed-forces-coup-bolsonaro-f37091942f14d979a91653afd7aeae0d